These Terms of Service ("Terms") govern access to and use of orbiton.app and Orbiton's investor relations platform, AI agents, dashboards, CRM workflows, communications tools, and related services (the "Services"). These Terms are between Orbiton Financial, Inc. ("Orbiton", "we", "us", or "our") and the person or organization accessing or using the Services ("Customer", "you", or "your").
If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization. If you have a separate written agreement with Orbiton, that agreement controls to the extent of any conflict.
1. Accounts and authorized users
- You must provide accurate account, billing, and contact information and keep it current.
- You are responsible for all activity under your accounts and for maintaining the confidentiality of credentials.
- You will ensure that each authorized user complies with these Terms and any applicable customer agreement.
- You must promptly notify Orbiton of suspected unauthorized access, credential compromise, or security incidents involving the Services.
2. Use of the Services
Subject to these Terms and any order form or written agreement, Orbiton grants you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during the applicable subscription term.
- You may not reverse engineer, decompile, copy, resell, sublicense, or commercially exploit the Services except as expressly allowed by Orbiton.
- You may not interfere with the Services, bypass security controls, test vulnerabilities without authorization, or use the Services to transmit malware or harmful code.
- You may not use the Services to violate law, infringe rights, mislead investors, manipulate markets, send unlawful communications, or create unlawful securities disclosures.
- You may not submit data you are not authorized to submit or use the Services to process highly sensitive data unless expressly permitted in writing.
3. Customer content and responsibilities
You retain ownership of content, data, prompts, files, investor contacts, communications, disclosures, and other materials you submit to the Services ("Customer Content"). You grant Orbiton the rights needed to host, process, transmit, display, and use Customer Content to provide, secure, support, and improve the Services as described in our agreement and policies.
You are responsible for the accuracy, legality, quality, and appropriateness of Customer Content and for obtaining all rights, consents, notices, and permissions needed for Orbiton to process it.
4. AI features and human review
The Services may include AI-assisted drafting, question answering, summarization, agent workflows, analytics, and recommendations. AI outputs are generated based on available inputs and may be incomplete, outdated, or inaccurate.
You are responsible for reviewing and approving AI outputs before relying on them, publishing them, sending them to investors, filing them, or using them in regulated communications. Orbiton does not provide legal, accounting, investment, securities, financial, or tax advice.
5. Securities, public company, and communications obligations
Customers in investor relations and public-company contexts are solely responsible for complying with applicable securities laws, stock exchange rules, selective disclosure rules, anti-spam laws, privacy laws, retention obligations, and internal disclosure controls. Orbiton provides software tools and workflows; it does not determine whether a disclosure is complete, timely, fair, balanced, or legally required.
6. Fees, subscriptions, and payment
Fees, subscription terms, payment schedules, renewal terms, taxes, and usage limits are set out in the applicable order form, statement of work, invoice, or written agreement. Unless stated otherwise, fees are non-refundable and payable in the currency listed in the order.
If payment is overdue, Orbiton may suspend access after reasonable notice, charge late fees where permitted, or terminate the Services according to the applicable agreement.
7. Third-party services
The Services may interoperate with third-party products, websites, models, data sources, CRMs, communication tools, scheduling services, analytics providers, or infrastructure providers. Third-party services are governed by their own terms and privacy policies. Orbiton is not responsible for third-party services outside our control.
8. Confidentiality
Each party may receive non-public business, technical, product, financial, or other confidential information from the other party. The receiving party will use reasonable care to protect confidential information, use it only for purposes related to the Services, and disclose it only to personnel, contractors, advisors, or service providers who need to know it and are bound by confidentiality obligations.
9. Intellectual property
Orbiton and its licensors own the Services, software, workflows, interfaces, models, templates, documentation, design, improvements, and related intellectual property. Except for the limited rights expressly granted, no rights are transferred to you.
If you provide feedback or suggestions, Orbiton may use them without restriction or compensation, provided we do not disclose your confidential information in doing so.
10. Privacy and data protection
Our Privacy Policy explains how we process personal information. If Orbiton processes personal information on your behalf, the Data Processing Addendum applies when required by applicable law or incorporated into your agreement.
11. Suspension and termination
Orbiton may suspend access to the Services if necessary to protect the Services or others, address legal or security risks, prevent misuse, or respond to non-payment. Either party may terminate as set out in the applicable agreement. Upon termination, your access will end, and we may delete or return Customer Content according to the agreement and applicable law.
12. Disclaimers
Except as expressly stated in a written agreement, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Orbiton does not warrant that the Services will be uninterrupted, error-free, secure, or that AI outputs will be accurate or suitable for any particular use.
13. Limitation of liability
To the maximum extent permitted by law, Orbiton will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, data, or business opportunities. Orbiton's aggregate liability arising out of or related to the Services will not exceed the amounts paid by you to Orbiton for the Services giving rise to the claim during the twelve months before the event giving rise to liability, unless a separate written agreement states otherwise.
14. Indemnity
You will defend, indemnify, and hold harmless Orbiton from claims, damages, liabilities, costs, and expenses arising from Customer Content, your use of the Services, your violation of these Terms, or your violation of law or third-party rights.
15. Governing law and disputes
Unless a separate written agreement states otherwise, these Terms are governed by the laws of British Columbia and the federal laws of Canada applicable there, without regard to conflict of law rules. The courts located in Vancouver, British Columbia will have exclusive jurisdiction, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.
16. Changes
We may update these Terms from time to time. The updated version will be posted on this page. Material changes will apply as required by law or as stated in your agreement. Continued use of the Services after an update means you accept the updated Terms.
17. Contact
Questions about these Terms can be sent to Orbiton Financial, Inc., 3123-595 Burrard St, Vancouver, BC, Canada; 1250-100 Pine St, San Francisco, CA, United States; hello@orbiton.app.